Strategické posuzování vlivů na životní prostředí

Bc. Štěpán Jakl

Master's thesis

Strategic Environmental Impact Assessment

Abstract:

During last thirty years several legal instruments were established to improve environmental protection and to push through the idea of sustainable development. Strategic environmental assessment is one of these legal instruments. This diploma paper describes the legal instrument of Strategic Environmental Assessment involved in three levels of positive law. At international law level the Kiev Protocol on strategic environmental assessment to the Convention on Environmental Impact Assessment in a Trans-boundary Context (The Espoo Convention) is the most important document dealing with this instrument. The Protocol was adopted by an Extraordinary meeting of the Parties to the Espoo Convention, held on 21st May 2003. Convention on Environmental Impact Assessment in a Trans-boundary Context was originally adopted at Espoo on 25th February 1991. The Kiev Protocol on strategic environmental assessment was adopted in cooperation with World Health organization. So it is focused not only in environmental protection, but also in protection of human health. Each state which is the party of the Protocol shall ensure that a strategic environmental assessment will be carried out for plans and programs which have significant environmental effects. There is one more important document on international level related to the issue of strategic environmental impact assessment, the Aarhus Convention (United Nations Convention on Access to Information, Public Participation in Decision-Making and Access to Justice in Environmental Matters). This convention was done at Aarhus on 25th June 1998. The Convention is built on three pillars: access to information; public participation in environmental decision-making; and assess to justice in environmental matters. At the level of European Union law the strategic environmental assessment is set up by Directive 42/2001/EC on the assessment of the effects of certain plans and programmes on the environment. This directive index plans and programs which are subject to the process of strategic environmental assessment. In accordance with Directive on the assessment of the effects of certain plans and programmes on the environment, an environmental assessment is carried out of certain plans and programs which are likely to have significant effects on the environment. The directive also describes particular steps of the process. According to the Directive the environmental assessment shall be carried out during the preparation of a plan or program and before its adoption or submission to the legislative procedure. At the level of Czech national law the issue of the strategic environmental assessment is solved by Environmental Impact Assessment Act No. 100/2001Coll. The process of strategic environmental impact assessment under the Czech national law is very similar both to the Kiev Convention and European law. Expression conceptions refer to the same documents as expression plans and programs used by the Directive 210/42/EC. In its last part this diploma paper is dealing with problem of illegally ratified conceptions. There are few legal instruments in the form of official complaints usable for aces of the public. Only the form of conceptions adopted under the Act No. 183/2006Coll. makes it possible to file an action to an administrative court.

Keywords

strategické posuzování vlivů na životní prostředí, posuzování vlivu koncepcí na životní prostředí, Strategic Enviromental Impact Assessment, Kyjevský protokol, Úmluva z Espoo

Language used: Czech

Date on which the thesis was submitted / produced: 2. 6. 2008

Thesis defence

• Date of defence: 18. 9. 2008
• Supervisor: JUDr. Jana Tkáčiková, Ph.D.

Masaryk University

Faculty of Law

Master programme / field:
Law and Legal Science / Law